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(영문) 울산지방법원 2015.09.16 2015고단948
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

Criminal power is sentenced to a fine of 700,000 won for a violation of the Road Traffic Act at the Ulsan District Court on September 1, 2009, a fine of 4 million won for a violation of the Road Traffic Act (driving) in the same court on August 22, 2013, and a fine of 6 million won for the same court on November 22, 2013, and a fine of 6 million won for a violation of the Road Traffic Act (driving without a license) or a violation of the Road Traffic Act (driving without a license) has been sentenced by the same court in the same court on November 22, 2013, and on February 20, 2014, the defendant was sentenced to a fine of 6 months and a suspended sentence of 2 years for a violation of the Road Traffic Act at

2.28. The person for whom the judgment has become final and conclusive.

Criminal facts

Around 21:50 on January 10, 2015, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.098% without a car driver’s license, and the Defendant driven a car with approximately 200 meters from a house parking lot to the entrance road of the same office building.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the status of the driver;

1. Registers of driver's licenses;

1. Records before and after judgment: Criminal records, references to criminal records, amounts of previous dispositions and results of confirmation, judgment, investigation report (report accompanied by summary orders of the same kind of power), application of Acts and subordinate statutes governing summary orders;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 2, 201);

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